Order

15/01/2019 Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.0426/2018 registered at Police Station Kotwali, District Tonk, for offence punishable under Section

366 IPC.

This court on 28.11.2018 had passed the following order:-

“The learned counsel appearing for the petitioners has relied upon the order dated 20.09.2018 passed by this Court in S.B. Criminal Miscellaneous Petition No.5922/2018.

The order dated 20.09.2018 passed in the above said petition reads as under :-

“Instant petition has been preferred on behalf of petitioners/ newly married couple praying interalia that a direction be issued to the respondent Nos.1 to 5 to protect them, as they apprehend danger to their life and liberty at the hands of those, who are

opposed to the marriage.

Newly married couple is present in person. They have been identified by Mr. Deepak Khandelwal,

Advocate.

Saba petitioner No.1 present in person has stated that she is aged twenty three years and she has obtained degree of B.ed. and also Graduate in B.A. She further stated that she had performed marriage with petitioner No.2, namely Kailash Saini according to her own free-will & accord and is living happily with him as a wife.

After hearing the learned counsel appearing for the petitioners, as well as, the learned Public Prosecutor appearing for the State, and going through the contents of the instant petition, this Court is of the view that nobody can be permitted to take law in his own hands merely because marriage is not acceptable.

Consequently, the present petition stands disposed of, by issuing direction to the respondent Nos.4 and 5, to ensure necessary vigil that no harm is caused to the life and liberty of the petitioners at the hands of those, who are opposed to the marriage.

The above said order has been passed without determining the age and validity of the marriage of petitioners on the ground that those, who are opposed to the marriage, cannot cause harm to anybody.

Upon disposal of main petition, stay application, filed therewith does not survives and the same is also disposed of.”

Counsel appearing for the petitioners has referred to the order dated 13.11.2018 passed in D.B. Habeas Corpus Petition No.236/2018. The order dated 13.11.2018 passed in the above said Habeas Corpus Petition, reads as under :-

“This habeas corpus petition was filed alleging missing of petitioner’s daughter Sabba Khan at the age of 20 years.

Learned Assistant Government Advocate submits that Sabba Khan has entered into marriage with Kailash Saini. They preferred a criminal miscellaneous petition to seek protection and this Court, vide its order dated 20.09.2018, in SB Criminal Miscellaneous Petition No.5922/2018, has given protection to the detenue Sabba Khan and Kailash Saini. They were present in the Court while the criminal miscellaneous petition No.5922/2018 was heard.

In view of the above, it cannot be said to be a case of illegal detention of Sabba Khan. She is not only major but sought protection from this on her marriage with Kailash Saini.

In view of the above and as the habeas corpus petition has been filed only on missing of Sabba Khan, we do not find it to be a case of illegal detention. Accordingly, habeas corpus petition is dismissed.”

Counsel appearing for the petitioners has submitted that Sabba Khan is residing happily with the petitioner No.1.

Let at first instance, the statement of Sabba Khan, who is present in person along with her husband, be recorded by Registrar (Judicial) of this Court, today itself.

To await statement of Sabba Khan to be recorded by Registrar (Judicial) of this Court, list this case on 17.12.2018.

Meanwhile, the further proceedings arising out of impugned F.I.R. shall remain stayed.

On the next date, concerned Investigating Officer shall remain present in person before this Court, along with the records of the case.

Let a copy of this order, under the seal and signatures of the Court Master, be handed over to ld. Public Prosecutor appear